DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/695)

CANBERRA FORMWORK SOLUTIONS PTY LTD AND THE CONSTRUCTION FORESTRY MINING AND ENERGY UNION GREENFIELDS AGREEMENT (ACT) 2015-2016

Australian Capital Territory
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 APRIL 2015

Application for approval of the Canberra Formwork Solutions Pty Ltd and the Construction Forestry Mining and Energy Union Greenfields Agreement (ACT) 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Canberra Formwork Solutions Pty Ltd and the Construction Forestry Mining and Energy Union Greenfields Agreement (ACT) 2015-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by theConstruction, Forestry, Mining and Energy Union. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Based on statutory declaration provided by the organisation, I am satisfied that the Construction, Forestry, Mining and Energy Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 9 April 2015 and, in accordance with s.54, will operate from 16 April 2015. The nominal expiry date of the Agreement is 1 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Canberra Formwork Solutions Pty Ltd and the Construction Forestry Mining and Energy Union Greenfields Agreement (ACT) 2015-2016. The dispute centred around the interpretation and enforcement of certain clauses within the agreement, particularly those related to the classification of workers and the application of minimum wage rates.

The legal issues before the Commission involved the interpretation of industrial agreements and the applicability of minimum wage provisions under the Fair Work Act 2009. The CFMEU argued that the agreement correctly classified workers and applied the appropriate wage rates, while the employer contested the classification and wage rates, asserting that they did not align with the award provisions. The Commission needed to determine whether the agreement was consistent with the applicable awards and the Act.

The Commission carefully examined the terms of the agreement and the relevant awards. It found that the classification of workers and the wage rates specified in the agreement were consistent with the provisions of the relevant awards. The Commission also noted that the agreement did not contravene the minimum wage provisions under the Act. Therefore, the Commission approved the agreement, confirming its validity and enforceability.

No further orders were made beyond the approval of the agreement.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established